Authorizes N.Y. city to impose liability upon the registered owner of a motor vehicle engaged in excessive hornhonking

BILL NUMBER:A479

Title of bill

An act to amend the vehicle and traffic law, in relation to authorizing the imposition of monetary penalties upon a registered owner of a motor vehicle engaged in excessive hornhonking

Purpose

To authorize any city with a population of one million or more to adopt and amend a local law or ordinance imposing fines on the owner of a vehicle for failure to comply with any local law prohibiting unnecessary horn honking. The summonses will be issued to the owner of the vehicle rather than by driver and need not be served personally. Exceptions are made when the vehicle is clearly not under the responsibility and control of the owner (stolen vehicle, rented or leased vehicle).

Summary of provisions

The vehicle and traffic law is amended by adding section 1106 to do as follows:

* Empower any city with a population of one million or more to enact a local law or ordinance imposing fines on the owner of a vehicle for failure to comply with any provision of local law regarding excessive horn honking;

* In any city adopting a local law to do this, the registrant of the vehicle shall be responsible if such vehicle was used by or operated with the permission of the owner;

* A schedule of fines and penalties shall be set forth in local law except in any city which has authorized the adjudication by an environ- mental control board;

* Specifies the requirements for preparation and delivery of notices and information that a notice must contain;

* Provides for exceptions when the vehicle is reported as stolen or when the registrant is a lessor;

* If the owner of the vehicle was not the operator at the time of the violation, the owner may maintain an action for indemnification against the operator.

Justification

Excessive noise from horn honking is a problem throughout New York City, particularly in areas adjacent to bridges and tunnels. While the city has enacted local laws to combat the use of excessive horn honking, it is necessary for police officers to pull over the vehicle in order to issue such violations. Issuing such tickets personally furthers prob- lems by increasing traffic congestion, driver frustration and subse- quently results in more horn honking. Granting police officers the ability to issue tickets by license plate rather than by driver will

strengthen enforcement of current horn honking laws without blocking traffic and increasing congestion.

A similar law authorizing tickets to be issued by license plate for motorists who run red lights has been extremely successful in catching violators, reducing dangerous situations and raising revenue for the City of New York.

Prior legislative history

2007-08: A 7475 (Kavanagh) - Transportation 2005-06: A.309 (Grannis) - Transportation 2003-04: A.597 (Grannis) - Transportation 2001-02: A.6892 (Grannis) - Transportation 1999-00: A.1201 (Grannis) - Transportation 1997-98: A.3796 (Grannis) - Transportation

Fiscal impact on the state

None

Effective date

This act shall take effect immediately